124 STAT. 3675 PUBLIC LAW 111–349—JAN. 4, 2011 (i) the 15 district courts in which the largest number of patent and plant variety protection cases were filed in the most recent calendar year that has ended; or (ii) the district courts that have adopted, or cer- tified to the Director the intention to adopt, local rules for patent and plant variety protection cases. (B) SELECTION OF COURTS.—From amongst the district courts that satisfy the criteria for designation under this subsection, the Director shall select— (i) 3 district courts that each have at least 10 district judges authorized to be appointed by the Presi- dent, whether under section 133(a) of title 28, United States Code, or on a temporary basis under any other provision of law, and at least 3 judges of the court have made the request under subsection (a)(1)(A); and (ii) 3 district courts that each have fewer than 10 district judges authorized to be appointed by the President, whether under section 133(a) of title 28, United States Code, or on a temporary basis under any other provision of law, and at least 2 judges of the court have made the request under subsection (a)(1)(A). (c) DURATION.—The program established under subsection (a) shall terminate 10 years after the end of the 6-month period described in subsection (b). (d) APPLICABILITY.—The program established under subsection (a) shall apply in a district court designated under subsection (b) only to cases commenced on or after the date of such designation. (e) REPORTS TO CONGRESS.— (1) IN GENERAL.—At the times specified in paragraph (2), the Director of the Administrative Office of the United States Courts, in consultation with the chief judge of each of the district courts designated under subsection (b) and the Director of the Federal Judicial Center, shall submit to the Committee on the Judiciary of the House of Representatives and the Com- mittee on the Judiciary of the Senate a report on the pilot program established under subsection (a). The report shall include— (A) an analysis of the extent to which the program has succeeded in developing expertise in patent and plant variety protection cases among the district judges of the district courts so designated; (B) an analysis of the extent to which the program has improved the efficiency of the courts involved by reason of such expertise; (C) with respect to patent cases handled by the judges designated pursuant to subsection (a)(1)(A) and judges not so designated, a comparison between the 2 groups of judges with respect to— (i) the rate of reversal by the Court of Appeals for the Federal Circuit, of such cases on the issues of claim construction and substantive patent law; and (ii) the period of time elapsed from the date on which a case is filed to the date on which trial begins or summary judgment is entered;
